© Kyle T. Webster member since 2020
Senator Blackburn’s AI Framework calls for the establishment of a limited, conditional safe harbor which would allow copyright owners to license their works for specific generative AI uses, without per se anti-trust liability. This pragmatic, market-based approach would permit generative AI developers to access the large-scale datasets they require to compete globally, while returning to creators and copyright owners compensation for their voluntary participation in collectively licensing their works for that use.
In our letter of support for the framework, we wrote, “Collective licensing is one of the most effective tools we have for aligning innovation with strong copyright protection. Senator Blackburn’s AI Framework recognizes that reality. It promotes scalable access to creative works for AI developers, while ensuring that copyright owners remain in control and are paid fairly for the use of their works.”
The Framework calls for measures to ensure that collective licensing agencies operate transparently and competitively. Creators’ rights to directly license their works, receive reasonable compensation from collectively licensing their works, or withdraw from such programs would be safeguarded. The Framework also protects competition by establishing boundaries to prevent collective licensing authority from extending into downstream markets, advertising, and content distribution.
The AI Framework can be read here.